Dolittle v. Eddy
New York Supreme Court
Error to the late Clinton common pleas. Eddy sued Dolittie in a justice’s court, in trespass, alledging that he was in possession of a sawmill, and that the defendant entered and forbid the plaintiff’s sawyers working in the mill, by which he was turned out of the use of the mill.
Read the full summary
Error to the late Clinton common pleas. Eddy sued Dolittie in a justice’s court, in trespass, alledging that he was in possession of a sawmill, and that the defendant entered and forbid the plaintiff’s sawyers working in the mill, by which he was turned out of the use of the mill. The defendant pleaded the general issue, and that the mill was contracted to be sold to one John McMartin by the defendant, with authority to the defendant to re-enter in case of default in making the payments; and that he entered for that cause. The plaintiff replied, denying the defendant’s right of possession,…
1Opinion of the Court
By the Court, Hand, J.
The question to the witness Springer, “ what was the damage accruing to Mr. Eddy by the mill lying still a fortnight ?” was improper. The witness, by well settled rules of evidence, could not be allowed to give his opinion in such a case. He could only give the facts. But as the witness, in his answer, only stated facts, error will not lie for that erroneous decision, because no harm was done by it.
Two questions arise on the merits of the case. Had the defendant a right to enter and take possession 1 And if he had, could he make this defense in a j ustice’s court ?
It is…
2Cases cited11 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Hyatt v. WoodNew York Supreme Court · 1809
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Sievers v. BrownOregon Supreme Court · 1899
- Blum v. RobertsonCalifornia Supreme Court · 1864
- Stone v. SpragueNew York Supreme Court · 1855
- Honsee v. HammondNew York Supreme Court · 1862
17 more not listed; retrieve them via the Exa API.